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Brian Kelley

30+ years of consumer product industry experience. Former President and CEO of Keurig Green Mountain and President of the Coca-Cola Company’s North American operations.

Copyright © 2024 MPearlRock LP. All Rights Reserved.

8451.com • MidOceanPartners.com • Privacy • Legal • Credits

Privacy Policy

These Terms of Use and Privacy Policy (together, the “Terms”) apply to your access and use of the MPearlRock website located at https://www.mpearlrock.com (the “Site”).

By using or accessing the Site you agree to these Terms, as updated from time to time in accordance with Section 10 below.

Access and Conduct. By accessing the Site you confirm that:

You are at least eighteen (18) years of age;
You will not use the Site for any illegal purpose, or in violation of any local, state, national, or international law;
You will not interfere in any way with security-related features of the Site; and
You will not access, monitor or copy any content or information of the Site using any robot, spider, scraper, or other automated means or any manual process for any purpose without MPearlRock express written permission.

Third Party Content. The Site may contain links to third party websites and services. MPearlRock provides such links as a convenience, and does not control or endorse these websites and services. You acknowledge and agree that MPearlRock has not reviewed the content, advertising, products, services, or other materials that appear on such third party websites or services, and is not responsible for the legality, accuracy, or appropriateness of any such content, and shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any such third party websites or services.
Intellectual Property. You acknowledge and agree that this Site is protected by applicable copyright and other intellectual property laws, and no materials from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our express permission. All trademarks and service marks on the Site belong to MPearlRock, except third-party trademarks or service marks, which are the property of their respective owners.
Termination. If you violate these Terms, your permission to use the Site will automatically terminate. In addition, MPearlRock in its sole discretion may suspend or terminate some or all of your access to the Site at any time, with or without notice to you.
Disclaimers of Warranties. The Site provided “as is” and on an “as available” basis, without warranty or condition of any kind, either express or implied. Although MPearlRock seeks to maintain safe, secure, accurate, and well-functioning services, we cannot guarantee the continuous operation of or access to our Site, and there may at times be inadvertent technical or factual errors or inaccuracies. MPearlRock specifically (but without limitation) disclaims (i) any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement; and (ii) any warranties arising out of course-of-dealing, usage, or trade. You assume all risk for any/all damages that may result from your use of or access to the Site. MPearlRock does not guarantee the accuracy of, and disclaims all liability for, any errors or other inaccuracies in the information, content, recommendations, and materials made available through the Site.
Privacy Notice. This Section 6 applies solely to information collected on the Site and is not intended to fully describe the privacy policies of MPearlRock. It describes the information that we gather from you, how we use and disclose your information, and the steps we take to protect your information. By using the Site, you consent to the privacy practices described in these Terms.

Personal Information

Generally, you can visit the Site without telling us who you are or revealing any Personal Information (when we use the term “Personal Information,” we mean information that can be associated with a specific person and can be used to identify that person, such as name, e-mail address, mailing address, mobile phone number, age, gender, date of birth, as well as additional sensitive information such as your social security number, financial information, financial account information, and other similar types of information).

The information that we collect:

Cookies Information
When you use the Site, we may send one or more cookies (which are small text files containing a string of alphanumeric characters) to your computer or mobile device, to help analyze our web page flow, customize our content, measure promotional effectiveness, and promote trust and safety. You are always free to decline our cookies if your browser permits, although doing so may interfere with your ability to use the Site or certain features of the Site. We may also use Google Analytics or a similar service that uses cookies to help us analyze how users use the Site.

Automatically Collected Information
When you visit the Site, we may automatically receive and record certain information from your computer, web browser and/or mobile device, including your IP address or other device address or ID, web browser and/or device type, hardware and software settings and configurations, the web pages or sites that you visit just before or just after visiting the Site, the pages you view on the Site, your actions on the Site, and the dates and times that you visit, access, or use the Site. When you use the Site on a mobile device, we may also collect the physical location of your device by, for example, using satellite, cell phone tower or wireless local area network signals.

How we use the information we collect:

We use non-identifying information about your use of the Site to understand and analyze the usages trends and preferences of our users, to improve the Site, and to improve fraud detection and information security.
We may use Cookies Information and Automatically Collected Information to: (i) personalize our services, such as remembering your information so that you will not have to re-enter it during your visit or the next time you visit the Site; (ii) provide customized content and information; (iii) monitor and analyze the effectiveness of the Site; and (iv) monitor aggregate site usage metrics such as total number of visitors and pages viewed.
We retain information as long as it is reasonably necessary and relevant for our operations, and/or to comply with the law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigation, or enforce our Terms or other agreements.

When we disclose information:

We may disclose your information if required to do so by law or in the good-faith belief that such action is necessary to take precautions against liability; to protect MPearlRock from fraudulent, abusive, or unlawful uses or activity; to protect the security or integrity of the Site; to investigate and defend ourselves against any third party claims or allegations; to assist government enforcement agencies; or to comply with state and federal laws, in response to a court order, judicial or other government subpoena, or warrant.
We work with third party service providers to provide website development, hosting, data storage, maintenance, and other services for us. To the extent it is necessary for these third party service providers to complete their contractual obligations to us, these third parties may have access to or process your information.
In the event MPearlRock were to be engaged in or contemplating a divestiture, merger, consolidation, or asset sale, or in the unlikely event of a bankruptcy, MPearlRock may transfer or assign the information that we have collected from users.

Do Not Track Disclosures:

Third parties such as advertising networks, analytics providers, and widget providers may collect information about your online activities over time and across different websites when you access or use our Services. Currently, various browsers offer a “Do Not Track” option, but there is no standard for how Do Not Track should work on commercial websites. Due to lack of such standards, the Site does not respond to Do Not Track consumer browser settings.

Visitors from Outside the United States:

This Site is controlled and operated by MPearlRock in the United States. If you choose to access the Site from outside the United States, you acknowledge that you will be transferring your information, possibly including Personal Information, outside of those regions to the United States for storage and processing, as necessary to provide to you the services available through the Site. Where required, we comply with applicable legal frameworks relating to the collection, storage, use, and transfer of Personal Information.

Accessing Your Information:

Depending on the jurisdiction in which you reside, you may have the right to access, correct, delete, or restrict use of certain Personal Information; you may also have the right to request that we refrain from processing your Personal Information. For inquiries about your Personal Information, please contact us at connect@mpearlrock.com. While MPearlRock will use commercially reasonable efforts to accommodate your request, we also reserve the right to impose certain restrictions and requirements on such requests, if allowed or required by applicable laws. Please note that it may take some time to process your request, consistent with applicable law.

Indemnification. You agree that you will be personally responsible for your use of the Site, and you agree to defend, indemnify, and hold harmless MPearlRock from and against any and all claims, liabilities, damages, losses, and expenses (including attorneys’ and accounting fees and costs), arising out of or in any way connected with (i) your access to, use of, or alleged use of the Site; (ii) your violation of the Terms or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; or (iv) any disputes or issues between you and any third party. MPearlRock reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

Limitation of Liability. By accessing this Site and/or providing us with Personal Information and other data, you expressly and unconditionally release and hold us harmless from any and all liability for any injuries, loss, or damage of any kind arising from or in connection with the use and/or misuse of such information. In addition, while we take efforts to ensure the proper and appropriate use of data by our service providers that may receive your information from us, we are not responsible for any injuries, loss, or damage of any kind arising from or in connection with the use and/or misuse of your information caused by those service providers. In no event will MPearlRock be liable to you for any incidental, special, consequential, direct, indirect, or punitive damages, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, whether or not MPearlRock has been informed of the possibility of such damage. Some jurisdictions do not allow the disclaimer of warranties or limitation of liability in certain circumstances. Accordingly, some of the above limitations may not apply to you.

Modification of the Site. MPearlRock reserves the right to modify or discontinue, temporarily or permanently, some or all of the Site at any time without any notice or further obligation to you. You agree that MPearlRock will not be liable to you or to any third party for any modification, suspension, or discontinuance of any of the Site.

Modification of the Terms. MPearlRock reserves the right at any time to modify these Terms and to impose new or additional terms or conditions on your use of the Site. Such modifications and additional terms and conditions will be effective immediately upon notice and incorporated into these Terms. We will notify you about significant changes in the way we treat your information by placing a prominent notice on the Site; such material modifications are effective 30 calendar days after our initial notification. Otherwise, we will make reasonable efforts to notify you of any material changes to the Terms, including, but not limited to, by posting a notice to the Site. Your continued use of the Site following notice will be deemed acceptance of any modifications to the Terms.

Governing Law. These Terms, all questions concerning the construction, interpretation and validity of these Terms, the rights and obligations of you and MPearlRock, all claims or causes of action that may be based upon, arise out of or related to these Terms (whether arising in contract, tort or otherwise) and the execution or performance of these Terms (including, without limitation, any claim or cause of action based upon or arising out of or related to any representation or warranty made in or in connection with these Terms or as an inducement to enter into these Terms) shall be governed by and construed and enforced in accordance with the laws of the State of Delaware, but not including the choice of law rules thereof. To the fullest extent permitted by law, in the event of any dispute arising out of relating to these Terms (whether arising in contract, tort or otherwise), or the execution or performance of these Terms (including, without limitation, any claim or cause of action based upon, arising out of or related to any representation or warranty made in or in connection with these Terms or as an inducement to enter these Terms), you and MPearlRock hereby submit (unless otherwise agreed to by you and MPearlRock) to the exclusive jurisdiction of the federal and state courts of the State of Delaware.

General.

Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between you and MPearlRock regarding your use of and access to the Site, and except as expressly permitted above may only be amended by a written agreement signed by authorized representatives of the parties.
No Waiver. The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of the Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
Paragraph Headers. Use of paragraph headers in the Terms is for convenience only and shall not have any impact on the interpretation of particular provisions.
Severability. In the event that any part of the Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.

Kroger Customer Data

Customer information that is provided to the Kroger Co. is governed by the privacy policy of the Kroger Co. which can be found at https://www.kroger.com/i/privacy-policy

Legal Information

Disclaimer

By accessing this website and any pages hereof (this “Website”), you acknowledge your agreement with and understanding of the following terms pertaining to this Website including all information contained on or accessed through it. As used herein, MPearlRock means MPearlRock LP and its affiliated investment funds and its and their affiliates and its and each of their respective partners, members, officers, directors, employees, agents, successors and assigns. Please read this disclaimer carefully before using this Website. We reserve the right to modify this Disclaimer at any time.

Permitted Use of the Website

This Website is not directed at any person in any jurisdiction where (by reason of that person’s nationality, residence or otherwise) the publication or availability of this Website, or any of the products or services described hereon, is contrary to applicable laws, rules or regulations of any governmental authority or regulatory organization or where MPearlRock is not authorized to, or otherwise does not, provide such information or services. Persons in respect of whom such laws, rules and regulations apply must not access the relevant pages on this Website. The laws, rules and regulations of the country from which you access this Website may include restrictions on the dissemination of information contained on this Website, and it is your responsibility to ensure that your use complies with any restriction or any applicable laws, rules and regulations regarding use of the information contained on, and accessing, this Website.

Unauthorized Access

Access to certain areas of this Website is restricted to individuals expressly authorized by MPearlRock. Any attempt to gain unauthorized access to any non-public areas of this Website through hacking, password mining or any other means is strictly prohibited.

Not a Solicitation for Investors; No Advice; No Reliance

This Website is intended for informational purposes only. Nothing contained on this Website is or should be construed as an offer, invitation or general solicitation to buy or sell any investments or securities, to provide investment advisory or other services or to engage in any other transaction.

You should not rely on any information or opinions contained on this Website in making an investment or any other decision and should obtain relevant and specific professional advice. Nothing contained on this website constitutes or should be construed to constitute investment, legal, tax or other advice.

Past Performance

Any transactions mentioned on this Website are included as representative transactions only and are not necessarily indicative of overall or other performance. Past performance is not indicative of future results; no representation is being made that any Investment will or is likely to achieve profits or losses similar to those achieved in the past.

Linked Sites

MPearlRock is not responsible for, nor does it make any representations regarding, the content of any site linked from or linking to this Website or your use of or inability to use such site. Any information, listing or links contained herein are provided solely as a convenience to you. The inclusion of any link is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by MPearlRock of such third party or any information contained on or products or services offered on any such third party site. You acknowledge and agree that your linking to and use of any off-site pages or other sites, or the information and materials thereon, is solely at your own risk.

No Warranty; Limitation on Liability

All information and materials contained on this Website are provided on an “as is”, “where is” and “where available” basis, without warranty of any kind, either express or implied, to the fullest extent permissible pursuant to applicable law, including but not limited to the implied warranties of merchantability or fitness for a particular purpose and non-infringement and with respect to the completeness and accuracy of any information contained on this Website. In addition, MPearlRock has no responsibility for, and makes no warranties that, functions contained on this Website will be uninterrupted or error-free, that defects do not exist or will be corrected, or that this Website or the server that makes it available will be free of viruses or other harmful components. MPearlRock shall not be liable for any damages to, viruses that may infect, or services, repairs or corrections that must be performed on your computer on account of your accessing this Website.

Under no circumstances, including, but not limited to, negligence, shall MPearlRock be liable for any direct, special, indirect, incidental, special, punitive, exemplary or consequential damages or any other damages of any kind that result from the access or use of, or the inability to access or use, the Information or materials contained on this Website, even if MPearlRock has been advised of the possibility of such damages and regardless of the form of action, whether in contract, warranty, tort (including but not limited to negligence), strict liability or otherwise.

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